The Analysis Of The Civil Liability Which Proprietors Violate Security Obligation

In recent years, a series of incidents that criminal offenders kills a person, take his possessions and wait for an opportunity to commit a crime in the guesthouse, the hotel, the bank and so on have appeared in social life. The question that exists in the Security gives criminal a chance to commit a crime .On condition that compensate obligees can't claim from criminal, often alone sue the operator and demand to compensate. But some operators contradict that they should not be responsible for others' tort, because they have not implemented the tort. Flaw of the legal basis and the relevant civil law shortage of theoretical research make the trial fall into a awkward position. So it is necessary to carry on the conformity to the existing law system in our country and make it specify on the basis of setting up the unified security obligation system.The thesis includes the following five sections:Section one, it is the introduction. In this section are presented the research objective, significance, research dynamic status and research methods.Section two, it is the theoretical foundation of the security obligation. There are mainly the following several respect: trusting relationship theory, profit-making theory, saving the social total cost to require, dangerous control theory, company' s community responsibility theory and equal idea of civil law essence.Section three, it is about the properties about the security obligation. At first, from angle of the comparative law, this section introduces security obligation of the mainland legal system and the British and American legal system;secondly carries on the concrete introduction and the comparison by taking Germany as the center;finally through the self-criticism of the case, the author pointed out, our country should characterizes the security obligation as the legal obligation, and bring into the civil code in future.Section four, t is the content to the analysis of the civil liability which proprietors violate security obligation. There are mainly the following several respect: the types of the security obligation the operator violates, the responsibility principle, the form of responsibility, the constitution and the matter of the free responsibility.Section five, it evaluates the legislative system in our country about the clause of the security obligation, point out its insufficiency and put forward the legislation suggestion how to perfect.